SC seeks ‘comprehensive report’ from commission on enforced disappearances

ISLAMABAD: The Supreme Court (SC) of Pakistan has directed the Commission of Inquiry on Enforced Disappearances to submit ‘comprehensive report’ on missing persons case, ARY News reported on Wednesday.

A three-member bench led by Chief Justice of Pakistan (CJP) Qazi Faez Isa and comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, heard a set of petitions, including the Barrister Aitzaz Ahsan’s one, on the “unlawful practice” of enforced disappearances.

During the hearing, the apex court instructed the commission – established in 2011 to trace missing persons and fix responsibility on the individuals – to prepare a ‘comprehensive report’ on all the missing persons cases and provide production orders also to the Attorney General for Pakistan (AGP) within 10 days.

Aitzaz Ahsan, in his petition, had prayed the court to declare that enforced disappearances are violative of Articles 4, 9, 10, 14, 19, and 25 of the Constitution besides declaring that the Commission of Inquiry on Enforced Disappearances does not adequately comply with legal and international standards.

Similarly, he asked the apex court to set up an effective and purposeful commission. He prayed the apex court that a judge of the Supreme Court should head the commission while members of the commission should be from bar councils, and other institutions.

Today’s hearing

At the outset of hearing, Aitzaz Ahsan counsel Shoaib Shaheen read out loud previous judgments issued on the matter in court and also mentioned the Faizabad sit-in case. However, the CJP asked how the case was linked to enforced disappearances.

CJP Qazi Isa inquired how the Faizabad sit-in verdict is related to enforced disappearances. Advocate Shaheen maintained that the court has mentioned the role of intelligence agencies in the verdict.

At this, the chief justice asked Shoaib Shaheen to explain the part of the Faizabad sit-in decision that applied to the participants of the Baloch protesters protesting against enforced disappearances.

The counsel replied that the Faizabad verdict stated that peaceful protest is the right of every citizen and called for action against those who resorted to violence. “I am surprised that you are referring to the Faizabad dharna verdict,” the CJP remarked.

At one point, Shaheen mentioned the abduction of journalist Matiullah Jan. To this, the CJP asked why the lawyer was mentioning that case now. “Did the government at that time accept responsibility?” the judge inquired.

Shaheen replied that the then PTI government had intervened to expedite the recovery of the said journalist. However, the CJP barred him from the taking the credit.

Shaheen argued that anchorperson Imran Riaz Khan was also abducted and footage of the same was available. He added that the anchorperson had called him and expressed willingness to come to court.

However, the chief justice said, he should not start pleading cases of “powerful people who are well-settled and have all the resources in the world”. “Don’t become their spokesperson,” the CJP lamented, adding that the PTI lawyer was making the case political.

Subsequently, the bench called Defence of Human Rights Chairperson Amina Masood Janjua to the rostrum. She said her husband was “forcefully disappeared” in 2005 during the tenure of Gen Pervez Musharraf and the then chief justice had taken a suo motu notice of it.

Subsequently, the CJP directed the AGP Mansoor Usman Awan to present a report on the matter. He wondered why the government or those in charge of various institutions would want to assume responsibility if someone else earlier had done something illegal.

After listening to all the parties, the CJP narrated the order of the day. He said the court would only hear the cases pertaining to people who were still missing, noting that those who had returned.

The top court adjourned the hearing of the case till January 9.